Sabo Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3866 of 2014 ======================================================

1. Sabo Devi, W/O Rajendra Yadav

2. Jitani Devi, W/O Mantu Yadav Both Are Resident of Village Kajhi Hriday Nagar, P.S. Banmankhi, District- Purnia .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Deputy Collector, Land Reforms, Banmankhi, P.S. And SubDivision Banmankhi, District- Purnia

3. The Anchaladhikari, Banmankhi, P.S.- Banmankhi, District- Purnia

4. Bishundeo Yadav S/O Late Udho Narayan Yadav Resident Of Kajhi Tola Gariya, P.S.- Banmankhi, District- Purnia

5. Kumar Jha

6. Kanhaiya Jha Both Nos. 5 And 6 Are Sons Of Late Sudhist Narayan Jha Resident Of Village- Kajhi, P.S.- Banmankhi, District- Purnia

7. Sitaram Jha S/O Late Sashidhar Jha

8. Mithilesh Kumar Jha S/O Late Niranjan Jha Both Nos. 7 And 8 Are Resident Of Village Kajhi Hridaynagar, P.S.- Banmankhi, District- Purnia .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Bhagat, Adv. For the Respondent nos.1to3 : Mr. Balram Kapri, AC to GP-14 For the Respondent no.4 : Mr.Kundan Kumar Singh, Adv. Mr.Bishwajeet Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-05-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the prescribed appellate authority under Section 48-F of the B.T. Act for grant of appropriate relief(s) with respect to the lands in question as also with respect to the order impugned. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.3866 of 2014 (4) dt.18-05-2016 If an appropriate memorandum of appeal is preferred on behalf of the petitioners within a period of three weeks from today with a certified copy of the present order and, if it is found to have become barred by limitation and, if any petition is filed on behalf of the petitioners for condonation of such delay, then the prescribed appellate authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 17.02.2014 and that remained pending before this Court till date. It is further clarified that the parties shall be at liberty to raise all the issues of facts and law before the appellate authority, which may be available to them, with respect to the lands in question.

(Birendra Prasad Verma, J) Arvind/- U